Gopal Yadav @ Raja Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 7477 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                  CRA No. 1597 of 2022
  Gopal Yadav @ Raja Yadav S/o Nand Kumar Yadav Aged About 20 Years R/o
   Sangam Chowk Station Maroda, P.S. Newai, District : Durg, Chhattisgarh
                                                                           ---- Appellant.
                                         Versus
  State of Chhattisgarh Through The Station House Officer, Police Station Newai, District
   : Durg, Chhattisgarh
                                                                         ---- Respondent

7-

12-12-2022 Mr. Aman Tamrakar, Advocate appears on behalf of Mr. Avinash Chand Sahu, counsel for the appellant.

Mr. Praveen Shrivastava, PL for the State. None for the victim/prosecutrix though served. Heard on I.A.No.1 of 2022 which is an application for suspension of sentence and grant of bail.

The appellant stands convicted by the Judgment of conviction and order of sentence dated 12-9--2022 passed by the learned Additional Sessions Judge (1st FTC) and Special Judge under Protection of Children from Sexual Offences Act 2012), Durg in Sessions Trial No. 217 of 2019 and convicted for the offence as under.

CONVICTION SENTENCE Under Section 452 of the IPC RI for one year and fne of Rs.100/- in default of payment of fne one month additional RI.

Under Section 354 of the IPC RI for one year and fne of Rs.100/- in default of payment of fne one month additional RI.

Under Section 323 of the IPC RI for 3 months and fne of Rs.100/-

in default of payment of fne one month additional RI.

Under Section 8 of the RI for three years and fne of Rs.200/- Protection of Children from in default of payment of fne one Sexual Ofences Act, 2012 month additional RI.

All the sentences are directed to run concurrently.

Learned counsel for the appellant would submit that the appellant is innocent and has been falsely implicated in connection with the said crime. He would further submit that the learned trial court without appreciating evidence has held that the appellant has committed the aforesaid offence. He further submits that the maximum sentence awarded to the appellant is RI for three years, the appeal is of 2022, the appellant was on bail during trial and even after pronouncement of the judgment and he did not misuse the liberty granted to him and hearing of appeal on merits will take some time, therefore, the appellant may be released on bail.

On the other hand, learned State counsel opposes the bail application.

I have heard learned counsel for the parties and perused the record.

Looking to the short sentence of three years awarded to the appellant and considering the fact that he was on bail during trial and even after pronouncement of the judgment and he did not misuse the liberty granted to him earlier and also the fact that hearing of appeal will take some time, I am inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, I.A.No. 1 of 2022 is allowed and it is directed that the execution of further substantive jail sentence shall remain suspended and the appellant shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 30-1-2023. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court till the disposal of this appeal. It is made clear that for appearance of the appellant/accused before the trial court, the interval between the dates to be given by the trial Court should be 90 days.

List this case for fnal hearing in its chronological order. Cc as per rules.

Sd/-

(Narendra Kumar Vyas) Judge

Raju